HomeMy WebLinkAbout990568.tiff PLANNED UNIT DEVELOPMENT CHANGE__OF ZONEAPPLICATION
PLANNING DEPARTMENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number
Date Application Checked By:
Planner Assigned to Case:
TO BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures).
I(we), the undersigned,hereby request hearings before the Weld County Planning Commission and the Board of
County Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of
Weld County.
LEGAL DESCRIPTION: A portion of the SW 1/4 of Section 4.T6N. R67W of the 6th P.M..
(If additional space is required,attach an additional sheet of this same size or a copy of the deed)
PARCEL NUMBER: 080704000001 (12 digit number-found on TAX I.D.or obtained at the Assessor's Office)
NAME OF PROPOSED PUD SUBDIVISION Moriah Estates P.U.D.
EXISTING ZONING Agricultural PROPOSED ZONING Estate
TOTAL ACREAGE 64.88 OVERLAY DISTRICTS None
PROPOSED DEVELOPMENT GUIDE SUBMITTAL(Specific or Conceptual)
Specific
PROPRTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME Shiloh Inc. PHONE(970)686-7035
ADDRESS 35325 Cornerstone Way. Windsor.CO 80550
„ 110/47A
gnature:Owner or Authorized Agent
EXHIBIT
MORIAH ESTATES 1
990568
Contents
Planned Unit Development Change of Zone Application 1
PROPOSED PUD DISTRICT DESCRIPTION 4
6.3.1 - COMPONENT ONE - ENVIRONMENTAL IMPACTS 5
Noise-Vibration (6.3.1.2.1.1) 5
Smoke, Dust, Odors (6.3.1.2.1.2) 5
Heat, Light and Glare (6.3.1.2.1.3) 5
Visual/Aesthetic Impacts (6.3.1.2.1.4) 5
Electrical Interference (6.3.1.2.1.5) 5
Water Pollution (6.3.1.2.1.6) 5
Waste Water Disposal (6.3.1.2.1.7) 6
Wetland Removal (6.3.1.2.1.8) 6
Erosion &Sedimentation (6.3.1.2.1.9) 6
Excavating, Filling and Grading (6.3.1.2.1.10) 6
Drilling, Ditching, Dredging (6.3.1.2.1.11) 6
Air Pollution (6.3.1.2.1.12) 6
Solid Waste (6.3.1.2.1.13) 6
Wildlife Removal (6.3.1.2.1.14) 6
Natural Vegetation (6.3.1.2.1.15) 6
Radiation/Radioactive Materials (6.3.1.2.1.16) 7
Drinking Water Source (6.3.1.2.1.17) 7
Traffic Impact(6.3.1.2.1.18) 7
6.3.2 - COMPONENT TWO - SERVICE PROVISION IMPACTS 7
Schools (6.3.2.2.1.1) 7
Law Enforcement(6.3.2.2.1.2) 7
Fire Protection (6.3.2.2.1.3) 7
Ambulance (6.3.2.2.1.4) 7
Transportation Circulation and Roadways (6.3.2.2.1.5) 7
Traffic Impact(6.3.2.2.1.6) 8
Storm Drainage (6.3.2.2.1.7) 8
Utility Provisions (6.3.2.2.1.8) 8
Water Provisions (6.3.2.2.1.9) 8
Sewage Disposal Provisions (6.3.2.2.1.10) 8
6.3.3 - COMPONENT THREE - LANDSCAPING 9
Landscape Plan (6.3.3.2.2) 9
Intent of Landscaping (6.3.3.2.3) 9
Maintenance (6.3.3.2.4) 10
MORIAH ESTATES 2
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Proposed On-Site Improvement Agreement(6.3.3.2.5) 10
Water Supply(6.3.3.2.6) 10
6.3.4 - COMPONENT FOUR - SITE DESIGN 10
Topography& Irrigation Ditches, Unique Site Factors (6.3.4.2.1.1) 10
Comprehensive Plan Goals(6.3.4.2.1.2) 11
Uses Allowed (6.3.4.2.1.3) 12
PUD Uses vs. Surrounding Uses (6.3.4.2.1.4) 12
6.3.5 - COMPONENT FIVE - COMMON OPEN SPACE 12
Common Open Space (6.3.5.3.2) 12
6.3.6 - COMPONENT SIX - SIGNAGE 13
6.3.7 - COMPONENT SEVEN - MUD IMPACT 13
6.3.8 - COMPONENT EIGHT - INTERGOVERNMENTAL
AGREEMENT IMPACTS 13
Landscape Photos 14
Drainage Report 15
Letter of Commitment from Water District 20
Letter of Commitment from Electric Company 21
Letter of Commitment from Gas Company 22
Letter of Commitment from Telephone Company 23
Letter from Previous Farmer 24
Letter from Shiloh Estates Owners 25
Agreement with Ditch Company 26
PUD Change of Zone: Names of Owners of Property 27
Within 500 feet
Affidavit of Interest Owners: Minerals and Surface Estate 31
MORIAH ESTATES 3
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PROPOSED PUD DISTRICT DESCRIPTION
General Concept:
Moriah Estates P.U.D. is proposed for a 64.88 acres parcel of land north of Weld County
Road 72 and east of Colorado State Highway 257. Moriah Estates will be a covenant controlled
planned unit development consisting of 24 single-family residential building sites. Each building
site will be approximately 1 acre in size with traditional wood frame residences of one and two
stories. A total of 24.68 acres will be individually owned property with the remaining 34.24 acres
devoted to commonly owned open space. The proposed community will have a Home Owners
Association as well as an Architectural Control Committee.
We believe Moriah Estates'cluster style development offers significant advantages over a
more traditional small lot rural development.
-A high percentage of open space will be maintained, providing for continual
agricultural use.
-A"feathering"of urban density of the Town of Windsor to the South and to the
Agricultural areas to the North.
-Provisions for irrigation, ditches and canals maintenance.
-Water rights will continue with the land.
Legal Description: A portion of the SW 1/4 of Section 4,T6N, R67W of the 6th P.M., County
of Weld, State of Colorado.
Total Area: 64.88 acres.
Existing Zoning: Agricultural.
Existing Use: Irrigated Crop land.
Proposed Zoning: Estate
Proposed Uses: 24.68 acres to be 24 1-acre lots (+/-)residential lots. 34.24 acres to be
open space.
Domestic Water: North Weld County Water
Irrigation Water: Windsor Reservoir, Larimer and Weld Irrigation
Sewer: Septic
Gas: Public Service Company of Colorado
Phone: US West Communications
Electrical: Poudre Valley REA
School: Weld County School District RE-4
Fire: Windsor Fire Department
Legal Status: Sole Owner is Shiloh Inc.
MORIAH ESTATES 4
6.3.1 - COMPONENT ONE • ENVIRONMENTAL IMPACTS
Noise-Vibration (6.3.1.2.1.1)
No noise or vibration which is offensive or detrimental to the residences of Moriah Estates
will be allowed. The Home Owners Association will have the ability to curtail any such noise or
vibration.
Smoke. Dust Odors (6.3.1.2.1.2)
All roads within Moriah Estates will be paved which will minimize dust Minimal smoke will
be expected by way of Weld County approved fireplaces and barbecues contained with specifically
designed receptacles. The Home Owners Association will have the ability to curtail any offensive
odors or air pollution.
Heat. Light and Glare (6.3.1.2.1.3)
Standard building materials will be used on residences which have a minimal reflective
nature. No reflective coating will be allowed on windows. One street light at the entrance is
proposed and the Home Owners Association will have the ability to regulate lighting at individual
residences to prevent disturbing adjacent properties.
Visual/Aesthetic Impacts (6.3.1.2.1.4)
Residence Appearance-The residential density in Moriah Estates is defined as very low.
The residential construction will be a traditional wood frame construction. The density and
construction type fit extremely well with the North Shores Subdivision to the south and the Shiloh
Estates PUD to the east
There are a number of aspects of Moriah Estates which will help assure a well maintained
neighborhood. All utilities will be underground. Restrictive covenants will be in place and all
construction within the development will require review by the Architectural Review Board.
Recreational vehicles and disabled automobiles will not be allowed to remain within the subdivision
unless enclosed within a structure. No parking will be allowed on streets. Mature landscaping will
be required by covenants.
Entryway and Open Spaces-The entryway to Moriah Estates will be very similar to Shiloh
Estates to the east (Please see photo enclosed page 14). We feel this is an attractive entrance
and by continuing it to Moriah Estates we will create a continuity that will enhance the overall
appearance of this area.
Open space will be planted to smooth brome grass hay which will make aesthetically
pleasing green pastures and create open space between Moriah Estates and the other parcels of
land which surround it.
Fler•.trical Interference (6.3.1.2.1.5)
No electronic radio transmitters will be allowed except typical household appliances such
as cordless phones, garage door openers and cellular phones.
Water Pollution (6.3.1.2.1.6)
Initial investigation of the site raised some concerns from the Weld County Health
Department with regards to possible ground water contamination from septic systems. Additional
investigation of ground water depth directly after the irrigation season shows minimal ground water
MORIAH ESTATES 5
9966 71°
at depths less than 9 feet and no ground water less than 7 feet The small percentage of sites with
some ground water present will not require any special engineering under current Health
Department regulations.
Storm Water Management is addressed in a report by Foundation Engineering. Please
see page 15.
Waste Water Disposal (6.3.1.2.1.7)
Moriah Estates sewage disposal will be private septic systems. Please see additional
information under Service Provisions Impacts (6.3.2.2.1.10).
Wetland Removal (6.3.1.2.1.8)
There is no existing wetlands on the property other than the Windsor Outlet Canal which
shall be preserved as is.
Erosion and Sedimentation (6.3.1.2.1.9)
Erosion will be controlled using the information and guidelines contained in the Drainage
report prepared by Foundation &Soils Engineering.
Excavating . Filling. and Grading 0.3.1.2.1.10)
Overgrading is not anticipated in the project Normal excavation relating to home, road
and trail construction is expected. When possible, soils removed will be incorporated into the
landscape plan.
Drilli g. Ditching and Dredging (6.3.1.2.1.11)
The West Branch of the Challgren Lateral Ditch on the West side of Moriah Estates shall
be relocated and lined with concrete. The East Branch of the Challgren Lateral shall be relocated
and buried in pipe. Please see agreement with the Challgren Lateral Ditch Company(page 26).
Air Pollution (6.3.1.2.1.12)
Minimal air quality impact is expected. The Architectural Control Committee will have the
authority to control any offensive odors or smoke generated at residences.
Solid Waste(6.3.1.2.1.13)
Household garbage will be collected by one of the commercial garbage collection
services.
Wildlife Removal (6.3.1.2.1.14)
There is a low impact to wildlife in the development according to the potential for Impact to
Wildlife Habitat map included in the Weld County Comprehensive Plan.
Natural Vegetation Removal (6.3.1.2.1.15)
Minimal natural vegetation occurs on this parcel of land. No impact is expected.
MORIAH ESTATES 6
996:Ce, �l
Radiation/Radioactive Materials (6.3.1 2.1.16)
No radioactive materials in any amount may be stored or transported across the properties
within Moriah Estates. Furthermore,except for propane tanks no gasoline, paint or any other toxic
hazardous or flammable materials shall be stored on any residential lot in quantities of 15 gallons
or more unless written approval is obtained from the Architectural Control Committee.
Drinking Water Source (6.3.1.2.1.17)
Moriah Estates drinking water shall be supplied by North Weld County Water District
Please see letter of commitment on page 20.
Traffic Impact(6.3.1.2.1.18)
Don Carrol of the Weld County Engineering Department has waived the required Traffic
Impact Analysis. Minimal impact is expected.
6.3.2 - COMPONENT TWO - SERVICE PROVISION IMPACTS
Schools (5.3.2.2.1.1)
Moriah Estates will be served by the Weld County School District RE-4. In response to
Weld County referral,the district has found no conflicts with its interests. The districts comments
where, 'student pick-up and drop-off to be on Weld County Road (72). District will not enter the
subdivision for pick-up and drop-off. Staffs comments in Sketch Plan Review stated that the
school district was asking for a bus stop pick-up/drop-off at the entrance to the Subdivision.
Consequently,we have met with Superintendent Mr. Brian Lessman on November 10, 1998, to
clarify the matter. He said that a drop-off was not necessary and that currently the bus stops on
Weld County Road (72)for Shiloh Estates and North Shores. Therefor, we have not included a
bus stop in Moriah Estates.
Law Enforcement(6.3.2.2.1.2)
Moriah Estates will be served by the Weld County Sheriffs Department for protection and
safety. The Sheriffs Department currently serves Shiloh Estates which is adjacent to Moriah
Estates. No additional patrols should be needed.
Fire Protection (6.3.2.2.1.3)
Moriah Estates will be served by the Windsor Fire Protection District
Ambulance (6.3.2.2.1.4)
Ambulance service is provided by Weld County Ambulance. Additional emergency
service is provided by the Windsor Fire District and Air Life of Greeley.
Transportation Circulation and Roadways (6.3.2.2.1.5)
Access to Moriah Estates is from Weld County Road 72. Approximately 2150 feet West of
the entrance Weld County Road 72 intersects with Colorado State Highway 257. The Town of
Windsor has requested a additional 20 foot wide strip along the North side of Weld County Road
72 be dedicated right-of-way. This right-of-way is to run the entire length of the subdivision and is
MORIAH ESTATES 7
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shown on the P.U.D. Platt. The Town of Windsor also requested a street light at the entrance to
Moriah Estates. This is acceptable to us.
The access within the community will consist of an asphalt road, 3 inches in depth with 4
inches of road base. The lane width will be 12 feet, and the shoulder width will be 4 feet to
combine for a total width of 32 feet A 60 foot right-of-way is incorporated to comply with the
county requirements. The paved radius of the cul-de-sac's will be 50 feet The street will have a
stop sign at the exit onto Weld County Road 72. No parking will be allowed along the road side or
on the shoulder.
Traffic Impact(6.3.2.2.1.6)
Don Carrot of the Weld County Engineering Department has waived the required Traffic
Impact Analysis. Minimal impact is expected.
Storm Drainage (6.3.2.2.1.7)
Please see drainage report prepared by Foundation &Soils Engineering Inc.on page 15.
Utility Provisions (6.3.2.2.1.8)
Please see letters of commitments from Public Service Company of Colorado, U.S. West
Communications, and Poudre Valley REA on pages 21, 22, 23.
Water Provisions (6.3.2.2,1.9)
Water service will be provided by North Weld County Water District The water district has
been consulted and has evaluated the design of the water system to meet the requirements of
residential housing and the required fire flows. Please also see the utility plan provided with this
packet and the letter of commitment from North Weld County Water District on page 20.
During Sketch Plan review the Windsor Fire District asked for additional capacity and
connection of Moriah Estates water system with the Town of Windsor water system. Although we
are willing to work with the Town of Windsor in regards to these matters, we do not believe it is our
responsibility to provide additional services.
wao Disposal Provisions (§ 3 2 21 101
Sewage disposal at Moriah Estates shall be privately owned and maintained septic
systems. The cluster development of Moriah Estates has mandated that careful thought and
exploration be given to the matter of sewage disposal. After consultation with the Weld County
Health Department and Soil Engineer Tom Finely,we believe we have developed a plan for
sewage disposal which shall insure all health issues and space limitations have been addressed.
There are considerable advantages to the smaller lot size (1 acre)and large open space
of Moriah Estates. However, space available for leach fields is a concern. It is important to note
that although lot sizes are approximately 1 acre,the density of Moriah Estates is 2.7 acres per
residence. E (Estate)zoning allows for septic systems and performance standards in the P.U.D.
Zone District 23 states, "minimum lot size... may be varied? This density exceeds the E (Estate)
standard of 21/2 acre minimum lot size for residences with septic systems.
Soil investigations have been conducted on the proposed site of Moriah Estates at 22
locations in a grid work pattern, and 19 of these sites were appropriate to conduct Perc tests on.
All 19 sites demonstrated their ability to support standard septic systems under current County
MORIAH ESTATES 8
guidelines. Although leach field size will vary,these tests show a maximum leach field size for a
three bedroom home to be 1380 square feet. Our Septic Location Plan demonstrates a minimum
of 6000 square feet available as primary leach field sites on each lot
Although there is a possibility that secondary leach field sites may be able to be located on
the lot proper, secondary sites of at least 12,000 square feet have been created in the form of
easements within the common open space.
Original soil investigations were conducted in January 1998 and showed some ground
water on this site. Trevor Jiricek of the Weld County Health Department asked for further
investigation of ground water levels after the irrigation season. Additional investigations were
conducted in September 1998, 1 week after the irrigation ditches closed for the season. Ground
water conditions had changed somewhat but not enough to create any limiting conditions for leach
fields.
Trevor Jiricek also expressed concern about the distance from the home site to the
secondary leach field site on lot 17 through 24, as well as having to cross the East Branch of the
Challgren Lateral ditch. In response to Mr. Jiricek's concerns, the location of this irrigation ditch
will be changed and the ditch shall be enclosed in pipe. This has provided secondary leach field
sites directly adjacent to all lots.
In summary,we believe that careful consideration has been given to the health issues and
space limitation and that the Septic Location Plan is a very workable solution. Allowing us to utilize
the benefits of cluster development for residents of Moriah Estates as well as residents of Weld
County.
Please refer to Soil Investigation reports for additional information regarding the
Subsurface and preliminary percolation investigation dated February 4, 1998, Geologic and
Mineral Evaluation dated May 19, 1998, and the secondary percolation and groundwater
investigation dated September 18, 1998, included herein under separate cover.
6.3.3 - COMPONENT THREE - LANDSCAPING ELEMENTS
1 andscape Plan (6.3.3.2.2)
Please see enclosed drawings.
intent of Landscaping (6.3.3.2.3)
Landscaping within Moriah Estates will have three forms, Formal, Informal, and Privately
Owned Residences. The formal landscape will take place at the entrance of the subdivision on
Weld County Road 72. To achieve some uniformity and consistency the formal landscape will be
very similar to that presently in place at Shiloh Estates,which is adjacent to Moriah Estates on the
east side. (Please see enclosed picture on page 14.) The formal landscape will consist of the
following:Two brick entry monuments with a sign identifying the subdivision. These monuments
will incorporate planting beds for a variety of plants. From each monument a white fence shall
extend east and west along Weld County Road 72. This fence will roll up and down grass planted
bearms creating a very attractive`country feel°frontage. Deciduous and evergreen trees will be
planted at various points along the grass covered bearms.
We believe this will define the entry to Moriah Estates and be extremely compatible with
Shiloh Estates to the east and North Shores directly to the south. The open country feel it will
create is very consistent with these neighboring subdivisions. Please see the landscape plan
included with this package for more details.
MORIAH ESTATES 9 OG
Informal areas of the open space will be planted to smooth brome grass hay. This will
establish pleasant green open spaces which will create buffers between Moriah Estates and its
neighboring subdivisions.
Privately owned residences- Each residence within Moriah Estates will be required by
covenants to establish formal landscaped yards. Each lot owner will have the ability to create
landscape designs of their interest and taste, but each will have minimum standards required by
covenants and must also request approval of all landscaping by the Architectural Review Board of
Moriah Estates. Please see covenants for additional details on required landscaping.
Maintenance (6.3.3.2.4)
Formal landscaped areas will be weeded,cleaned, mowed and maintained by the Home
Owners'Association. It is expected that the Home Owners'Association will contract with a
landscape maintenance contractor who will mow the grass on the South side of the white fence on
a regular schedule as well as maintain sprinklers and clean and weed flower beds.
Informal areas- These areas are to be planted to grass hay. Maintenance will consist of
irrigation and harvesting of the hay once, and sometimes twice, a year. Please see 6.3.5.3.2 for
additional information.
Privately owned residences shall be required by covenants to be maintained in a neat and
orderly fashion. The Architectural Review Board will have the authority to enforce covenant
requirements. Please see covenants for further details.
Proposed On-Site Improvements Agreement(6.3.3.2.5)
An on-site improvements agreement for the landscaping will be submitted at the filing of
the final plat
Water Supply(6.3.3.2.6)
North Weld County Water District shall supply water for the sprinkler system to water the
formal landscape. Irrigation of the informal areas will be done through the Finley Lateral Ditch
Company and through water rights owned by the Home Owners'Association.
6.3.4 - COMPONENT FOUR - SITE DESIGN
Topography& Irrigation Ditches. UniquQ Site Factors (6.3.4.2.1.1)
The site for Moriah Estates slops gently west and slightly to the north. The main
topographical feature is the Windsor Reservoir Outlet Canal which boarders the North-West
property line. There are two other irrigation ditches which cut across this site. The east branch of
the Challgren Lateral ditch shall be relocated and enclosed in pipe. The west branch of the
Challgren Lateral ditch is proposed to be relocated and concrete lined.
The west Branch of the Challgren Lateral is currently a slow moving dirt ditch. Changing
this ditch to a concrete lined ditch will improve its ability to carry water significantly.
The east Branch of the Challgren Lateral is currently a concrete lined ditch. The relocation
and burial of this ditch will allow for secondary leach field sites adjacent to lots within the
subdivision.
The Windsor Reservoir Outlet Canal is a large ravine approximately 60'wide and 10'
deep. A 30' maintenance and recreational easement is being created on the west side of this
canal. The main purpose of this easement is to provide access to the canal for maintenance
purposes. Covenants require this easement to be kept clear of all improvements. (Please see
Section 3.3 of Covenants.) Windsor Reservoir and Canal Company has expressed concerns with
MORIAH ESTATES 10 9raZ?
regards to the necessity to keep this easement clear. With these covenants in place there should
not be a conflict with the irrigation company's ability to do what maintenance is required.
Easements will be created to allow for maintenance on all ditches. A secondary
advantage of the irrigation maintenance easements is to allow for a number of walking and jogging
paths that can be enjoyed by residents of the area.
Comprehensive Plan Goals (6.3.4.2.1.2)
Moriah Estates P.U.D. is considered an Urban Scale Development Consequently the
Comprehensive Plan states that Urban Scale Growth should take place in close proximity to
existing municipalities. Agricultural Goal 3. "Discourage residential... development which is not
located adjacent to existing incorporated municipalities." Urban Growth Boundaries Goal 2.
"Concentrate Urban Development in or adjacent to existing municipalities..." The Weld County
Planning staff has raised the issue of whether Moriah Estates is located within the Urban Growth
Boundary of the Town of Windsor. By county guidelines Moriah Estates is not, due to the lack of
an Intergovernmental agreement with the Town of Windsor. According to the recently adopted
Comprehensive Plan of Windsor, Moriah Estates is within their Urban Growth managed area. It is
our position that with regards to consistency with the goals of the Comprehensive Plan,this is a
non issue because Moriah Estates is directly adjacent to a municipality as required by the
Comprehensive Plan.
Weld County Comprehensive Plan Agricultural Goal 1 mandates preservation of prime
farmland. We believe this parcel of land fits the definition of non-prime farmland given in the
Comprehensive Plan. "Non-prime farmland is low capability land that is not considered important
land for food production. It may be composed of poorer soils prone to erosion or may have
topographical limitations such as slopes or gullies." The reasons we believe this parcel of land is
not mandated to be preserved as prime farmland are as follows:
1. This parcel at the present time is divided into 4 smaller fields making it difficult to farm
efficiently.
2. Of the total acreage, approximately 12 acres is not being farmed. This is due to the fact
that the Windsor Outlet Canal and other irrigation ditches occupy approximately 8 acres.
The Northern most 4 acres have not been in production for a number of years due to the
inability to farm it efficiently.
3. Soil survey maps provided by Soil Conservation District depicts the soil on this property
as having moderate yields.
4. Please see the letter from the former farmer of this properly, Manuel Pineda. (Please
see page 24.)
The Comprehensive Plan mandates residential development"should pay its own way'and ensure
that adequate public services and facilities are available. Moriah Estates will be responsible to
install all facilities and have included herein statements from Utility providers as to their ability to
provide these services. The one exception to this is public sewer. Sewer service at the present
time is approximately 2 miles to the South of this site. It is our belief that sewer service may never
by accessible to this site due to a number of already completed residential subdivisions between
this site and the sewer service. All of these subdivisions rely on septic systems for sewage
disposal.
With regards to county services needed at Moriah Estates. The Weld County Sheriff
currently provides service to Shiloh Estate,which is adjacent to Moriah Estates on the east
MORIAH ESTATES 11
Minimal additional effort would be required to service Moriah Estates as well. Fire and Ambulance
service are also responsible for a number of residential subdivisions in close proximity.
It is our conclusion that Moriah Estates fits very well within the Weld County
Comprehensive Plan. It is urban scale development taking place directly adjacent to a municipality
involving land that is only marginally productive as farm land. All services for Moriah Estates are
available efficiently and it is a development that is much the same as developments that have and
continue to take place in this area.
Uses Allowed (6.3.4.2.1.3)
Moriah Estates is requesting a zoning of E(Estate) District Land uses within Moriah
Estates consists of residential lots and open spaces. Moriah Estates is expected to attract
residents who have an appreciation for a rural setting. The Open Space primary purpose is to
create an aesthetically pleasing environment for the residents of this area. A secondary benefit of
the Open Space will be its use to produce grass hay. Each resident will have a direct interest on
the preservation and maintenance of this Open Space. It is our belief that this involvement will go
a long way to mitigate potential conflicts between the different land uses.
PUD Uses vs. Surrounding Uses (6.3.4.2.1.4)
Land uses of Moriah Estates are extremely compatible with the two residential
subdivisions directly adjacent to Moriah Estates. Shiloh Estates to the East and North Shores to
the South both are Zoned E(Estate). Enclosed on page 25 you will find a statement from the
Homeowners'of Shiloh Estates favoring the proposed development under Weld County Guide
Lines. As for agricultural interest to the North and West, it is our hope and belief that Moriah
Estates'own small agricultural interests will foster an appreciation for those who make a living from
the land. The natural barrier of the Windsor Reservoir Outlet Canal on the North-West side of
Moriah Estates also affords some separation between this agricultural land. Agreement with ditch
companies (please see page 26), as well as wording within the covenants (please see Section
3.35 of covenants) included herein should help avoid potential conflicts.
6.3.5 - COMPONENT FIVE - COMMON OPEN SPACE
Common Open Space (6.3.5.12)
Moriah Estates will have a total of 34.24 acres dedicated to open space. That is 52.77%
of the total acreage of this parcel will be dedicated to open space owned and maintained by the
Homeowners'Association.
The majority of open the open space will be planted in grass hay. The primary purpose of
these fields are to provide attractive enjoyable views, buffers from other subdivisions in the area,
and increase the quality of each residence.
The use of existing irrigation water on these fields and harvest of the grass hay will lend
itself to a number of secondary advantages:
- Provide for the maintenance of these areas. There is a demand for good quality
grass hay. In order to provide a yield from these fields good farming efforts will be
inplace leading to well maintained areas.
- Monitory benefit to the Homeowners'Association. From experience at Shiloh
Estates, we have seen the ability to produce enough grass hay to make it
MORIAH ESTATES 12
profitable. This is not to say anyone will get rich from these fields. However, it
will provide incentive for the Homeowners'to put forth the effort to hire people to
keep these areas maintained.
- Provide for wildlife habitat Grass hay fields can provide shelter and forage for a
number of small mammals,fowl and birds.
In general,the Homeowners'will receive many benefits from these open fields, and they
will have the means by which to see they are maintained and productive. Our experience at Shiloh
Estates has been that it is not difficult to hire people to do the necessary work. In addition there will
be 0.49 acres set aside for the entrance monument and formal landscaping, and 4.18 acres
dedicated to walking and jogging trails. These trails will connect with the trails of Shiloh Estates
and provide for recreational areas to both subdivisions. Trails will be informal in nature, but will be
sprayed for vegetation control by the Homeowners'Association on a regular basis.
6.3.6 - COMPONENT SIX - SIGNAGE
There will be no signs except traffic signs, small address signs, and standard real estate
signs allowed within Moriah Estates. The entrance monument will contain signage announcing
Moriah Estates.
6.3.7 - COMPONENT SEVEN - MUD IMPACT
Not applicable.
6.3.8 - COMPONENT EIGHT - INTERGOVERNMENTAL AGGREEMENTS
IMPACTS
No intergovernmental agreements are in place with regards to this parcel.
MORIAH ESTATES 13
•
•
•
lI �.•
liar
•
MORIAH ESTATES 14
gqOS7o
FOUNDATION ll Consulting
ENGINEERING Engineers, Ltd.
November 3, 1998
Commission No.: 1821-05-01-04
Integrity Builders
35325 Cornerstone Way
Windsor, Colorado 80550
Gentlemen:
Enclosed is the drainage report for the proposed Moriah Estates, P.U.D., Weld County, Colorado.
Our calculations show that the imperviousness of the twenty-four (24) lot subdivision will not
increase significantly from the existing conditions. We feel that no mitigation of runoff will be
required as a result of this development. A small increase in runoff will be seen in the Windsor
Reservoir Outlet. If requested,we could provide an increase in runoff to the outlet for a given storm
duration and intensity.
If you have any questions, please feel free to call.
Respectfully,
Jason E. Baker,
Civil Engineer \`\�`'o O '1/4
�,.p..,
• w :ca17n:;tt >t)•James A. Cherry,
FOUNDATION ENG�$$ ULTING ENGINEERS, LTD.
°j';'iuniiiiii "
JEB/jle
MORIAH ESTATES 15
990S702>
DRAINAGE REPORT FOR
MORIAH ESTATES P.U.D.
WELD COUNTY, COLORADO
Prepared for
Integrity Builders
35325 Cornerstone Way
Windsor, Colorado 80550
November 3, 1998
Commission No.: 1821-05-01-04
Prepared By
FOUNDATION ENGINEERING
CONSULTING ENGINEERS, LTD.
5110 Granite Street
Loveland, Colorado 8O538
MORIAH ESTATES 16S2)110� �p 16
INTRODUCTION
This Drainage Report is being prepared for the development of the proposed Moriah Estates P.U.D.
to be constructed in Weld County, Colorado. The site is situate in the Southwest Quarter of Section
4, Township 6 North, Range 67 West of the Sixth Prime Meridian, Weld County, Colorado. More
specifically, the site is along the north side of Weld County Road No. 72, between State Highway
257 and Weld County Road No. 19. This site is currently undeveloped. Refer to the vicinity map
on the subdivision plat.
HISTORIC FLOWS
This site is bordered by County Road No. 72 on the south side,by undeveloped property to the north
and west, and by Shiloh Estates to the east. Historic flow on this site is generally from east to west
where the runoff flows into the Windsor Reservoir Outlet and a lateral ditch of the Windsor
Reservoir Outlet. An existing ditch located along the east side of the proposed developed area
intercepts any flows from Shiloh Estates to the east.
PROPOSED DRAINAGE IMPROVEMENTS
No drainage improvements are planned for this site. Calculations are provided showing that the
imperviousness of the site will be increased from 0.20 for the undeveloped site to 0.2406 for the
developed site. This is calculated with approximately 3,300 square feet of rooftop for each lot
1
MORIAH ESTATES ^C e'� 17
(residences and outbuildings)and the asphalt roadways(see subdivision plat). The proposed asphalt
roadways will have borrow ditches on either side with twelve (12) inch diameter culverts at
driveways. The culverts will convey all intercepted flows to the ends of the two (2) cul-de-sacs
where the runoff will flow to the Windsor Reservoir Outlet. A swale comparable to the borrow
ditches shall be constructed in the drainage easements from the end of the cul-de-sacs 1:o the Windsor
Reservoir Outlet. It is our opinion that the increase in runoff will not be significant as a result of this
development (approximately 20%) and will require no mitigation. The owners of the Windsor
Reservoir Outlet should be made aware of this increase.
CONCLUSIONS
I. The site does not sit in a regulated flood plain and is not subject to severe flooding problems.
2. Runoff on this site will not be significantly increased as a result of this site being developed.
HISTORIC INFILTRATION
Total area of site = 64.88 acres
Undeveloped runoff coefficient C = 0.20
DEVELOPED INFILTRATION
Area of residences and outbuildings = 1.82 acres (2.81%of site)
Area of proposed road = 1.69 acres (2.60% of site)
Developed Coefficient of Infiltration
C = 0.2(0.9459) +0.95(0.0541) = 0.2406
(This will result in an approximately 20% increase in runoff.)
2
MORIAH ESTATES / 18
EROSION CONTROL
Straw bale dikes should be used to prevent erosion during construction. The dikes should be
constructed every 200 feet along the sides of the new roadways and drainage swales. Native grasses
should be re-seeded along the affected areas on each side of the roadway. A minimum of ten (10)
linear feet of the drainage swales shall be lined with six(6)inch rip-rap at the outfall to the Windsor
Reservoir Outlet to prevent erosion. Additional erosion control measures should be addressed for
each residence to be constructed at that time. All erosion control measures should be constructed
per the pre-approved standard Weld County details.
3
MORIAH ESTATES 19
9905 '
BOARD OF DIRECTORS � o NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON �--
ERNEST ROSS HIGHWAY 85 • LUCERNE, COLORADO 80646
W.M- McKAY ►�M o-
CHARLES ACHZIGER 2 DON POSSELT, MGR.
ROBERT ARNBRECHT ' ,yAS
P.O. BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997
November 24, 1998
Jim Scott
Moriah Subdivision
RE: Moriah Fire Flows
Dear Jim;
Your request to have the fire flows to Moriah Subdivision in the South 1/2, Section 4, T-6-N;
Range 67W; has been completed by our engineer. Fire Flows of 1,000 g.p.m. can be achieved by
NWCWD opening a valve from the east at the Tank 2 site and by having you install a ten (10)
inch line from NWCWD's twelve (12) inch line, thru Moriah Subdivision.
Sincerely,Don Posselt,
Manager
NWCWD
MORIAH ESTATES 20
990 SW
Poudre R E
POUDRE VALLEY RURAL Valley A
ELECTRIC ASSOCIATION, INC.
7649 REA PARKWAY • P.O. BOX 272550 FORT COLLINS • (970) 226-1234
FORT COLLINS, COLORADO 80527-2550 FAX NO.• (970) 226-2123
1-800-432-1012
October 8, 1998
James H. Scott
35325 Cornerstone Way
Windsor, CO 80550
RE: MARIAH ESTATES, 24 LOTS - PROPERTY LOCATED IN THE SW 14 OF SECTION
4, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6T" P .M. , COUNTY OF ,
STATE OF COLORADO
James H. Scott:
Poudre Valley Rural Electric Association, Inc . is ready, willing and
able to serve all electrical loads within our certificated service
territory subject to the Rules and Regulations of Poudre Valley Rural
Electric Association.
If you have any further questions , please call our office.
Sincerely,
Terr elding Fi
Engineering Representative
pl
C:\My Documents\J letters\TF\MARIAH ESTATES READY & ABLE LTR.doc
MORIAH ESTATES Woceo C! 21
i , C COMPANY
SERVICE
_r? UBLIC P OF COLORADO"
A NEW CENTURY ENERGIES COMPANY
Northern Division
1901 E. Horsetooth Road
Ft. Collins, Colorado 80525
10-02-98
Integrity Builder LLC
35325 Cornerstone Way
Windsor,Co. 80550
Attn: Jim Scott
Dear Mr. Scott:
This letter is to confirm our conversation on October 1, 1998,that natural gas is available
and located in the general area of Weld County Road 72 and Hwy 257.(Legal Description-Sec.4-
Twn 6N-Range 67W, for project known as Moriah Estates.)
Enclosed is a copy of our Gas Main Distribution Plat 334-555 and 335-554,
which shows the location of our existing gas mains for this area. Any extension of
natural gas facilities would have to be in accordance with Public Service Company's
rates, rules, and regulations governing natural gas service,and service connections,and
main extension policy on file with the Public Utilities Commission of the State of
Colorado.
The cost to install new gas mains or services is available upon request,provided
we have all necessary information. If you have any further questions regarding this
matter,please do not hesitate to contact me at once.
Yours truly,
Len Hilderbrand
Planner 970-225-7848
MORIAH ESTATES 22
q205-62i/05-60
DCT 8 '98 8:21 FR US WEST COMM . GREELEY 70 350 2986 TO 919706860286 P . 01,01
U. S. West Communications Inn
12680 Weld County Rd. 58
Greeley, Co. 80634
Shiloh Inc.
35325 Cornerstone Way
Windsor , Co. 80550
October 6, 1998
Subject: Moriah Estates
Dear Lori,
U. S. West Communications will provide telephone service to the above
mentioned development , in accordance with the Tariffs on file with the
State of Colorado Public Utilities Commission
Sincerely`Yours,
O'`*
Sap
J se L. Trujillo
Manager
U. S. West Communications
knd
MORIAH ESTATES 990 5-/_C: 23
•
May 19, 1998
To Whom It May Concern,
Pineda and Son' s Inc. have been the owners of the
parcel of land proposed for development since 1964 . We lave
farmed many acres throughout Northern Colorado since 1955,
and would consider the acreage as only moderate in its
production value. It is cut into smaller fields and has a
number of ditches through it that make it difficult to fLrm.
I would not consider this parcel as prime farm land.
Sincerely,
tnea<r
MOTA RR ESTATES 24
%DFS
July 15, 1998
To: Weld County Planning Staff,
The undersigned homeowners of Shiloh Estates, a Weld County PUD,
would like you to know that we are in favor of the proposed development,
Moriah Estates, to be processed under Weld County guidelines and oppose
the development being annexed to the town of Windsor. We feel the proposed
plan for Moriah Estates fits in well with the existing PUD's, Shiloh Estates and
Gander Valley. The town of Windsor has already stated it will not accept the
proposed plan for Moriah Estates as is and we feel the changes that would be
necessary under Windsor guidelines would be detrimental to the subdivision.
• Sincerely,
04640410
c- e r
eailtitt. .
MORIAH ESTATES 25
November 17, 1998
Mr. Jim Scott
Shilo, Inc.
35325 Cornerstone Way
Windsor, CO 80550
Re: Challgren Lateral Ditch
Dear Mr. Scott:
The Challgren Lateral Company has met to consider your new development proposal,
Moriah Estates, and the impacts this may have on our ditches. According to the motions
made and approved by the shareholders, the company preliminarily approves of the
following:
1) Permission to relocate and reconstruct out of concrete the West Branch of the
Challgren Lateral as per the submitted plans. Final Plans, including overall
subdivision grading and drainage plans, must be reviewed for our final approval.
2) Permission to cross under the East Branch with a natural gas line and electrical
line. Easements will be granted to these service providers on the Final Plat.
3) Permission to construct a crossing over the East Branch in the vicinity of the
propos'd lot line between Lots 18 and 19. This crossing will be a bridge as
opposed to a culvert, and our final approval is conditioned on review of the final
specifications.
4) A commitment to consider future crossing of the East Branch by the owners of
Lots 17 — 24 to accommodate the possibility of future secondary septic system
leach fields.
It was further agreed by you that the Challgren Lateral Ditch Company shall be
indemnified against any and all liability, and shall be an additionally insured entity on the
Homeowner's Association insurance policy, as well as each individual homeowner's
policy. These insurance requirements will be described in the Protective Covenants of
Moriah Estates Subdivision.
Finally, the language in your proposed covenants regarding fines or assessments imposed
by the Association on members who might remove water from the Challgren Lateral for
any use should be changed from a$50 fine per incident to a $100 fine per incident.
MORIAH ESTATES qt20 57
Page 2
November 17, 1998
As was discussed above, our approval and permission is preliminary and we withhold
final approval until we have had the opportunity to review and approve the Final Plans
and Specifications.
Sincerely,
A66 IAA/
Stanley K. Everitt
Secretary Treasurer
SKE:dr
cc: All Ditch Company Members
APO of Colorado
1520 E. Douglas Rd. #6
Ft. Collins, CO 80524
(303) 224-3643
Diana Wolenetz
The attached list of "Affected Property Owners" was
prepared by our office for the Pineta Farm Annexation.
To the best of our knowledge this list is a current and
accurate representation of the owners of record and their
respective addresses as recorded for tax notices at the Weld
County Court House , in the State of Colorado , as of
November 12 , 1998 .
The area of "Affected Property Owners" was determined by
our offices using a reference plat for the project provided by
Intermill Land Surveying .
APO of Colorado expressly disclaims any responsibilities
for errors , omissions or inaccuracies that may arise as a result
of the reference plat provided by the Weld County Assessor 's
Office .
Respectfully submitted ,
Diana R Wolenetz
President APO of Colorado
MORIAH ESTATES 27
990'5ZE
PINETA FARM ANNEXATION
PROPERTY OWNERS WITHIN 500 FEET
Please print or type
NAME MAILING ADDRESS CITY/STATE/ZIP CODE ASSESSOR'S PARCEL
IDENTIFICATION 0
JAMES & CHERI SCOTT
0807-04-0-00-007
35325 CORNERSTONE WAY WINDSOR, CO 80550
DAVID SCHUMP 1006 SHORE PINE CT FT COLLINS , CO 80525 0807-04-0-00-042
WINDSOR RESERVOIR & •
WINDSOR , CO 80550 0807-04-0-00-032
CANAL CO
WILLIAM JR /SUSAN BEARD . 0807-04-0-01-001
35061 CORNERSTONE WAY WINDSOR , CO 80550
THOMAS/PATTY TOUSIGNANT 0807-04-0-01-002
35081 CORNERSTONE WAY WINDSOR , CO 80550
LARRY & ANNE DURAN 0807-04-0-01-001
35107 CORNERSTONE WAY WINDSOR , CO 80550
DAVID & LYNDA SMART 0807-04-0-01-004
35145 CORNERSTONE WAY WINDSOR , CO 80550
ARLEN & VICKIE ANDERSON _ 0807-04-0-01-005
' 35197 CORNERSTONE WAY WINDSOR , CO 80550
PHILLIP DITTBERNER WINDSOR, CO 80550 0807-04-0-01-006
JUDITH WHICHARD 35245 CORNERSTONE WAY
SHILOH INC 35325 CORNERSTONE WAY WINDSOR , CO 80550 0807-04-0-01-015
RAYMOND & GLORIA WINDER 0807-09-0-00-013
34681 WELD COUNTY RD 19 WINDSOR , CO 80550
JOHN & JENNY HARTLEY 0807-09-0-01-001
300 NORTH SHORES CR WINDSOR, CO 80550
DUANE /KATHLEEN SELLMER 0807-09-0-00-002
302 NORTH SHORES CR WINDSOR , CO 8O55O
MORIAH ESTATES 28
922 577
PROPERTY OWNERS WITHIN 500 FEET
Please print or type
NAME MAILING ADDRESS CITY/STATE/ZIP CODE ASSESSOR'
PARCEL
ATION IES C
ANTHONY/DAWNA GORKOWSKI 301 PARK PL FT COLLINS , CO 80525 0807-09-0-01-021
ROGER & DIANE ANDREASON 0807-09-0-01-022
342 NORTH SHORES CR WINDSOR , CO 80550
RANDY /CATERINA WIEGAND 0807-09-0-01-023
344 NORTH SHORES CR WINDSOR , CO 80550
MICHAEL & NANCY HARRIS 0807-09-0-01-024
346 NORTH SHORES CR WINDSOR , CO 80550
THOMAS MILLER PO BOX 1388 LYONS , CO 80540 0807-09-0-01-025
THOMAS MILLER
PO BOX 1388 LYONS , CO 80540 0807-09-0-01-026
JOHN LARSON 352 NORTH SHORES CR WINDSOR , CO 80550 0807-09-0-01-027
WAYNE & THERESA CUSICK 0807-09-0-01-028
412 E 50TH ST LOVELAND , CO 80538
EVERITT ENTERPRISES INC 0807-09-0-01-045
3000 S COLLEGE AVE FT COLLINS , CO 80525
TOWN OF WINDSOR 301 WALNUT WINDSOR , CO 80550 0807-09-0-01-046
COLETTE FARMS INC 1751 E 138TH AVE BRIGHTON , CO 80601 0807-08-0-00-032
vE WAYNE COLETTE
GERHART BRUNNER /JOANNE 0807-08-0-00-034
& E J KOEHLER/TRUSTEES
8811 COMANCHE RD LONGMONT , CO 80503
GORDON & JOY NISWENDER 0807-05-0-00-054
7737 COUNTY RD 72 WINDSOR , CO 80550
JERROD/JOLENE SCHNEIDER 0807-05-0-00-053
35205 HWY 257 WINDSOR , CO 80550
MORIAH ESTATES 29
99056,
PROPERTY OWNERS WITHIN 500 FEET
Please print or type
NAME MAILING ADDRESS CITY/STATE/ZIP CODE ASSESSOR'SSE I IDENTIFICATION i
TOM & ANNETTE LEAZER 35435 HWY 257 WINDSOR , CO 80550 0807-05-0-00-041
SUSAN DYKE REVOCABLE TS1 - 0807-05-0-01-007
%VERNON & SUSAN DYKE CO 80550
35630 VALLEY VIEW TERWINDSOR ,
BRUCE & KATHY ANDERSON • 0807-05-0-01-008
35600 VALLEY VIEW TER WINDSOR, CO 80550
PATRICIA MEUWISSEN35620 VALLEY VIEW TER WINDSOR , CO 80550 0807-05-0-01-009
STEVEN TINTES
STEVE & MARILYN HANSON
35621 VALLEY VIEW TER WINDSOR , CO 80550 0807-05-0-01-010
ROBERT/DEBORAH ACKELSON
35601 VALLEY VIEW TER WINDSOR , CO 80550 0807-05-0-01-011
RANDALL BOAN 35943 HWY 257 WINDSOR , CO 80550 0807-05-0-01-001
ESTHER & OTTO EHRLICH PO BOX 249 MILLIKEN , CO 80543 0807-05-0-01-012
AMIGO FARMS INC 1200 CAROUSEL STE 100 WINDSOR , CO 80550 0705-32-0-00-038
K & M CO % JOHN. MOORE PO BOX 2206 FT COLLINS , CO 80522 0705-33-0-00-004
WINDSOR RESERVOIR & WINDSOR , CO 80550 0705-33-0-00-005
CANAL CO •
•
MORIAH ESTATES 30
99e)
November 18, 1998 CREWS 8, ZEREN
PETROLEUM LAND CONSULTANTS
Jim Scott 11..a.T.,#MENUS.01.11111.
Shiloh, Inc. anEELEy OO,Oncw0.0031
35325 Cornerstone Way c303)3013433 oneeten
(307)0604710 oENVen
Windsor, CO 80550 (aw)361.0.04 PAX
RE: MINERAL OWNERSHIP AND LEASEHOLD STATUS
PINEDA&SONS, INC.
WELD COUNTY, COLORADO
Township 6 North. Rance 67 West. 6th. P.M.
Section 4: A treat of land located in the SWY.and being more particularly
described as follows: Beginning at the Southeast corner of said
SWY4,and considering the South line of said SW%to bear North
89108'00" West and with all other bearings contained herein
relative thereto;thence North 69'08'00'•West, 2177.26 feet along
said South line;thence North 00162'00^East, 30 feet to the North
right-of-way line of Weld County Road 72; thence along the
Westerly Bank of the Windsor Reservoir Outlet Ditch by the
following eleven courses:
1) North 60115'54"East, 162.93 feet;
2) North 63'54'11" East, 156.64 feet;
3) North 56°02'44"East, 94.10 feet;
4) North 35.47'42"East, 360.34 feet;
5) North 31115'14"East, 743.10 feet;
6) North 26117'33"East, 159.64 feet;
7) North 33°16'03^ East, 376.02 feet;
8) North 40°44'52"East, 498.73 foot;
9) North 53025'42"East, 500.37 feet;
10) North 35°12'12" East, 137.85 feet;
11) North 09'21.51" East. 142.56 feet to the North line of the
SWYA,of said Section 4;
Thence South 58°57'05"East, 90.13 feet along said North line to
the center of said Section 4;thence South 00°19'11"East, 2572.37
feet along the East line of said SWY.to the Point of Beginning.
Section 4; A tract of land located In the SWY.
as more particularly described above, 71.91 Gross Acrea
Gloria J. Gaslin (SEE NOTE) 1/4 17.97750 M.A.
7 Cottonwood Court
Windsor, CO 8055
UNLEASED
Wilmena R. Stable (SEE NOTE) 1/4 17.97750 M.A.
315 Oak Street, Apt. 1
Windsor, CO 80550
UNLEASED
NOTE: In order to establish with absolute certainty record title to an undivided 1/4
Interest In the minerals in and under the subject lands in Gloria J. Gaslin and
Wllmena R. Stahle as set forth above, it may be necessary to have William A. Miller
(predecessor In Interest to Gloria J. Gaslin and Wilmena R. Stahle), Gloria J. Gaslin
and Wilmena R. Stahle enter into a stipulation and cross-conveyance of interest.
William A. Miller owned the entire undivided K mineral interest. By two separate
mineral deeds he apparently Intended to convey one-half of the interest that he
owned to each of the grantees. There was, however, conflicting language contained
In the deeds, and also a potential double declining balance problem as a result of
conveying his interest by two separate conveyances(which would leave William A.
Miller unintentionally vested with an undivided 1/8th mineral interest). William A.
Miller is presumably the father of Gloria J. Gaslin and Wilmena R. Stahla.
Shiloh, Inc., 1/2 35.95500 M.A.
a Wyoming corporation (SEE NOTE)
35325 Cornerstone Way
Windsor, CO 80550
UNLEASED
1
MORIAH ESTATES 31
•
NOTE: The surface and undivided K mineral interest in the subject lands formerly
owned by Pineda&Sons, Inc. (now owned by Shiloh, Inc.)was subject to the terms
of that certain First Farm and Ranch Mortgage dated November 1, 1978, recorded
In Book 858 under Rec. No. 1774977, between Plneda& Sons, Inc., as mortgagor,
and The Federal Land Bank of Wichita, as mortgagee, in the original principal sum
of$1,400,000, due January 1,2012. A Notice of Us Pendens (Case No. 87CV853)
was filed on September 9, 1987 in Book 1169 under Rea. No. 2113968 which
indicated that action had been commenced to foreclose the above mentioned
mortgage In favor of The Federal Land Bank. A Certificate of Levy of Weld County
Property was recorded on September 7, 1988 in Book 1208 under Rec. No. 2154578,
stCourt on Juthat ly 22 virtue988, n of a u
nc pprof tuna February 3re . 1988, and in the ead certain Writ
Execution directed to the Sheriff of Weld County from the District Court of Weld
County, Colorado, in favor of The Federal Land Bank, in the principal amount of
$803,615.77 against Pineda &Sons, Inc., et al. dated August 22, 1988, said Sheriff
did cause levy to be entered on the above deathbed property and other lands. Since
our last title examination, the mortgage has been fully released of record by that
certain Release of Deed of Trust recorded under Rec. No. 2618704. However, the
Hs pendens and certificate of levy have not been properly dismissed or released in
the real property records.
The above information is based on a cursory examination of the tract and computer indices of
Trananation Title Insurance Company of Greeley posted through November 5, 1998 at 7:45 a.m.
CREWS&ZEREN
a A. E. Zeren, PL
2
MORIAH ESTATES 32
99578
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
MORIAH ESTATES P.U.D.
ARTICLE I- PREAMBLE
Declarant is the owner of that certain real property situate in Weld County,
Colorado, described on Exhibit A hereof( "the Property"). The Property has been
platted as Moriah Estates P.U.D. by a Plat( "the Plat") recorded simultaneously
with this Declaration.
Declarant desires to develop the Property for residential purposes. Declarant
deems it desirable to subject the Property to the covenants, conditions, and
restrictions set forth in this Declaration in order to preserve the values of the
individual lots and to enhance the quality of life for all owners of such lots.
The Property shall be a "planned community" under the Colorado Common
Interest Ownership Act( "the Act").
Declarant therefore declares that all of the Property is and shall be held,
transferred, sold, conveyed and occupied subject to the terms, restrictions,
limitations, conditions, covenants, obligations, liens, and easements which are set
forth in this Declaration, all of which shall run with the Property and shall insure to
the benefit of, and be binding upon, all parties having any right, title, or interest in
the Property or any portion thereof, and such person's heirs, grantees, legal
representatives, successors and assigns.
ARTICLE II - DEFINITIONS
2.1 General. The words and terms defined in this Article shall have the
meanings herein set forth unless the context clearly indicates otherwise.
2.2 Association shall mean and refer to Moriah Estates P.U.D. Community
Association, a Colorado Non-Profit Corporation, established pursuant to Article VI
of this Declaration.
2.3 Architectural Review Board shall mean and refer to the Architectural
Review Board created pursuant to Article V of this Declaration.
2.4 Common Facilities shall refer to the trails, entrance area (including a
lighted sign and landscaping), the landscaping and fence along the southerly
boundaries of Lot 1 and 2, the private street within the property, and the open space
which consists of 34.24 acres and is planted in grass hay, all located as shown on the
Plat, for which legal descriptions are set forth on the Plat.
MORIAH ESTATES 33
Developer shall install a permanent sign for the Property, outdoor lighting,
and landscaping within the entrance area.
Developer shall initially grade and install the system of trails.
The Association shall maintain, repair, and replace the Common Facilities,
after each such facility has been installed by the Developer.
2.5 Developer shall mean Shiloh, Inc., a Wyoming Corporation, its
successors and assigns.
2.6 Detached Single Family Dwelling shall mean an independent structure
designed and occupied as a residence for a single family.
2.7 Lot shall mean a lot as platted and designed on the Plat, as the same may
be amended from time to time; provided that, if any lot has been divided so that a
portion of the lot is owned by a person in conjunction with all or a portion of an
adjoining lot and the other portion of the lot is owned by another person separately
or in conjunction with all or a part of the other adjoining lot, then the entire
property so held under one ownership shall be the lot for the purpose of this
Declaration.
2.8 Single Family shall mean a group of persons related by blood or
marriage living together as a family unit.
2.9 Subdivision shall mean Moriah Estates P.U.D., a Planned Unit
Development in Weld County, Colorado.
2.10 Other Terms. Other terms may be defined in specific provisions
contained in this Declaration and shall have the meaning assigned by each such
definition.
ARTICLE III - USE AND OTHER RESTRICTIONS
3.1 Land Use and Building Types. No lot shall be used except as the site of
a detached single family dwelling. Said dwelling may include a private garage
having doors accommodating not more than four cars or other vehicles, abreast of
one another.
All improvements on each lot shall meet the requirements of Article IV,
"Architectural Standards" of this Declaration, including, but not limited to, the
Guidelines and Rules set forth in Section 4.2 hereof.
3.2 Building Locations. No building, fence, or other permanent structure
shall be located on any lot without first obtaining the written consent of the
Architectural Review Board, approving the proposed location.
MORIAH ESTATES 34
3.3 Easements. Easements for the installation and maintenance of utilities,
trails, landscaping, irrigation ditches, and drainage facilities are reserved as shown
on the Plat, or those that may be recorded at a later date. Within these easements,
no structure, planting or other materials shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance of utilities,
which may change the direction of flow of drainage channels in the easements,
which interfers with maintenance of the irrigation ditches, which hinders or
obstructs the use of the trails system, or which adversely affects landscaping installed
by the Developer. If any landscaping or structure is installed which violates such
requirements, the Association may give the property owner written notice to remove
such landscaping or structure within no less than fifteen (15) days after such notice is
given, and if the owner fails to move the landscaping or structure within that time,
the Association may have such work done at the expense of the owner of the lot. If
the work is done by the Association at the owner's expense, the owner shall pay for
such work within three (3) days after notice is given in writing to the owner as to the
cost of such work. In the event of failure to pay within that time and if the
Association thereafter incurs any attorney's fees and costs in collecting such amount
from the owner, all such attorney's fees and costs incurred shall likewise be a debt
owing by the owner to the Association.
The easement area of each lot and all improvements on it shall be maintained
continuously by the owner of the lot, except for those improvements or landscaping
for which the Association, a public authority or utility company is responsible.
3.4 Maintenance of Vacant Lots. The owner of each lot shall plant and
maintain grass on it; periodically mow such grass and other vegetation; and remove
any trash or other debris. If an owner fails to maintain a vacant lot in accordance
with such requirements, the Association shall have the right to plant and maintain
grass on it; periodically mow such grass and other vegetation; and remove any trash
or other debris. The Association shall establish and charge reasonable fees to the
owners of such vacant lots, for such services. Such services shall not be deemed
included within those contemplated by Section 6.8 of this Declaration, but shall
instead be deemed a service charge from the Association made solely to the owners
of each of such vacant lots. The owner shall be liable for reasonable attorney's fees
and costs incurred by the Association in collecting such service charge.
3.5 Maintenance of Landscaping. Within nine (9) months after issuance of
a Certificate of Occupancy for a residence on each lot, the owner of such lot shall
plant at least ten (10) trees. Five (5) of such trees must have trunks that are at:least
three inches (3") in diameter, when planted, and at least five (5) of such trees shall be
evergreens. Commencing as to each lot when a certificate of occupancy has been
issued for a residence on such lot, the landscaping on each lot shall be maintained by
the owner, subject however, to the right of the Association to perform any
maintenance deemed necessary or desirable to maintain the high standards
established for the Subdivision, and to assess such owner for such required
maintenance. If any owner fails to maintain landscaping on such owner's lot in
accordance with such requirements, the Association may give the property owner
MORIAH ESTATES 35
990SO,
written notice to perform necessary maintenance within no less than fifteen(15) days
after such notice is given, and if the owner fails to perform such maintenance work
within that time, the Association may have such work done at the expense of the
owner of the lot. If the work is done by the Association at the owner's expense, the
owner shall pay for such work within three(3) days after notice is given in writing to
the owner as to the cost of such work. If the owner fails to pay within said time and
the Association thereafter incurs such reasonable attorney's fees and costs in
collecting such amount from the owner, all such attorney's fees and costs incurred
shall likewise be a debt owing by the owner to the Association.
3.6 Maintenance of Exteriors of Residences and Other Buildings. The
exteriors of all residences, sheds, and other buildings within the Subdivision shall be
maintained in good, attractive condition by the owners thereof. All residences shall
be repainted or restained periodically as needed. The Association may require an
owner to paint or stain his or her residence and other buildings, and upon such
owner's failure to do so, the Association may cause such residence or other buildings
to be painted or stained and to assess such owner for the costs incurred thereby. If
any owner fails to maintain the exterior of a building on such owner's lot in
accordance with the foregoing requirements, the Association may give the owner
written notice to perform such work within no less than fifteen (15) days after such
notice is given, and if the owner fails to perform such work within that time, the
Association may have such work done at the expense of the owner. If the work is
done by the Association at the owner's expense, the owner shall pay for such work
within three (3) days after notice is given in writing to the owner as to the cost of
such work. If the owner fails to pay within that time and if the Association
thereafter incurs reasonable attorney's fees and costs in collecting such amount from
the owner, all such attorney's fees and costs incurred shall likewise be a debt owing
by the owner to the Association.
3.7 Title to Common Facilities. The Developer may retain legal title to all
or part of the Common Facilities until such time as, in the opinion of the Developer,
the Association is able to maintain the same. However, the Developer shall convey
the Common Facilities to the Association no later than thirty (30) days after the date
when the Developer is fee simple owner of less than 25% of the land area within the
Subdivision, exclusive of the Common Facilities and dedicated streets and
easements. In this regard, the Developer shall deed the private street and common
open space parcel the Association. The other Common Facilities shall be located
within the easement areas shown on the Plat, and the Association shall be deemed
the grantee/beneficiary of such easement rights.
3.9 Nuisances. No noxious or offensive activities shall be carried on upon
any lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
3.10 Temporary Structures. No structures of a temporary character, trailer,
basement, tent, storage shed or shelter, garage, or other outbuilding shall be
permitted on any lot at any time, either temporarily or permanently, except by the
MORIAH ESTATES 36
99t'S
Developer during the process of construction, or as approved by the Architectural
Review Board.
3.11 Animals. Except as set forth below in this Section 3.11, no animals,
livestock, birds, or poultry of any kind shall be raised, bred or kept on any lot, except
that three (3) dogs and three(3)cats and other indoor, household pets may be kept if
they are not kept, bred, or maintained for any commercial purpose. The Association
shall promulgate rules and regulations concerning animals. No animals shall be
allowed to remain tied or chained upon the Common Facilities, and any animal so
tied or chained may be removed by the Association or its agents. Pets may be
walked on the Common Facilities only when attached by a leash to an owner's hand
and when the owner carries a device for the immediate removal of its pet's feces.
Any pet constituting a nuisance may be ordered by the Association to be kept within
the enclosed portion of its owner's lot, or ordered expelled from the Subdivision.
Each owner shall be responsible for any damage caused by his or her animals.
3.12 Trails. Individuals may walk,jog, or run on the trails and may be
accompanied by no more that two dogs per individual, so long as each dog is
restrained by a leash attached to the owner's hand and the owner carries a device for
the immediate removal of the pet's feces. Bicycles may be operated on the trails. No
other vehicle of any kind, whether or not powered by an engine of any nature, shall
be allowed on any trail at any time; this prohibition shall include, but shall not be
limited to, motorcycles, automobiles, and so on. Such prohibition shall not apply to
motorized vehicles used in maintenance of the trails, ditched, and other Common
Facilities. No lot owner shall obstruct any such trail.
3.13 Sight Distance at Intersections. No fence, wall, hedge or shrub
planting which obstructs site lines at elevations between 2 and 6 feet above the
roadway shall be placed or permitted to remain on any corner lot within the
triangular areas formed by the street property lines and a line connecting them at
points 25 feet from the intersection of the street property lines extended. The same
sight line limitations shall apply on any lot within 10 feet from the intersection of a
street property line within the edge of a driveway pavement. No tree shall be
permitted to remain within such distances of such intersections unless the foliage
line is maintained at a sufficient height to prevent obstruction of such sight line.
3.14 Recreational Vehicles. No trailer, motor home, camper unit,boat or
similar recreational vehicle shall be parked on streets, driveways, lots, or be allowed
to remain anywhere within the Subdivision, except when sheltered within a garage,
except for a 48 hour period during loading and unloading.
3.15 Aerials-Antennas. No television antenna, radio antenna, aerial or
similar equipment of any design shall be mounted on the exterior of any building or
erected on any other portion of any lot. No activity shall be conducted on any lot
which interferes with television or radio reception on any other lot.
MORIAH ESTATES 37
990670
3.17 Fencing. No fence shall be erected on any lot within the Subdivision
except as approved in advance by the Architectural Review Board. No property line
fencing shall be allowed. Fencing as appropriate will be permitted as necessary for
fenced yards adjacent to the house, and fenced amenities (hot tub, tennis courts,
swimming pools, etc.) as are reasonably necessary to achieve the purpose of same
and meet the owner's needs. Buried electric pet control systems shall be encouraged.
3.18 Wind or Solar-Powered Generators. No wind-powered or
solar-powered generator or pump may be installed on any lot, unless its location and
design is approved in advance by the Architectural Review Board.
3.19 Unsightly Uses. All lots shall at all times by maintained in a clean and
sanitary condition, and no litter or debris shall be deposited or allowed to
accumulate on any lot. All landscaping, including grass, shall be irrigated, trimmed
and maintained in good condition at all times. Refuse piles and other unsightly
objects or materials shall not be allowed to be placed or to remain upon any lot.
Trash containers shall be placed on the curb returned from the curb only on pickup
days. Nothing unsightly shall be hung from windows, railings, or fences. No
clothesline or other device for hanging clothes in the open air shall be allowed on
any lot.
3.20 Trash removal. All residents within the Subdivision shall have their
trash picked up by the same trash-hauling company, on the same day of the week.
At each annual meeting of the Association, the Association shall pick the
trash-hauling company and the day of the week for the upcoming year. Nothing in
this Section 3.20 shall prohibit a resident within the Subdivision from hauling trash
or debris for himself or herself. Each resident within the Subdivision shall be
separately liable for the trash-hauling charges attributable to his or her lot.
3.22 Home Occupations. The conduct of a home occupation within a
residence in Moriah Estates P.U.D. shall be considered accessory to the residential
uses and not a violation of these Covenants provided that the following
requirements are met:
3.22.1 Such home occupation shall be conducted only within the
interior of the dwelling and shall not occupy more than twenty-five
percent(25%) of the floor area within the dwelling.
3.22.2 The home occupation shall be conducted only by the residents
of the dwelling, and no nonresidents shall be employed in conjunction with
the home occupation carried on in the dwelling.
3.22.3 No retail sales shall be conducted on the lot.
3.22.4 The conduct of such home occupation must be of a type
permitted under the zoning ordinance of the City of Fort Collins.
MORIAH ESTATES 38
3.22.5 No evidence of a home occupation shall be visible from outside
the dwelling unit.
3.23 Disabled Vehicles. Disables automobiles shall not be stored on streets,
driveways, or lots within the Subdivision. No person shall repair or rebuild any
vehicle within the Subdivision, except within a garage. Cars allowed on the streets
and driveways in the Subdivision must at all times be operable, currently licensed,
and maintain a current inspection sticker(if such inspection is required by a
governmental entity).
3.24 Restrictions on Leasing of Residences. An owner may lease hi.s
residence subject only to the following restrictions:
A. No lot owner may lease less than the entire residence.
B. Any lease agreement shall be required to provide that the terms of
this lease shall be subject in all respects to the provisions of this Declaration,
and the Bylaws of the Association, and that any failure by the lessee to
comply with the terms of such documents shall be a default under the lease.
C. All leases shall be in writing and for a term not less than thirty (30)
days.
3.25 Trees and Ground Cover. No living tree, shrub or bush may be
removed except pursuant to a landscaping plan approved by the Architectural
Review Board or otherwise with the approval of said Architectural Review Board.
Said prohibition extends to naturally existing trees, shrubs and bushes and to trees,
shrubs and bushes planted by owners. No grading or other soil or earthwork shall be
performed on a lot until plans for placing improvements on such lot have been
properly approved by the Architectural Review Board, and then only to the extent
contemplated by such approved plan. After completion of each set of improvements
on a lot, the ground shall be restored, as nearly as possible, to its original contours
and appearance. Contour changes of more than one foot from existing grades shall
require the approval of the Architectural Review Board. The natural ground cover
of a lot shall not be disturbed unless approved by the Architectural Review Board.
3.26 Hazardous Materials. Storage, use or disposal of hazardous or
radioactive materials within the Property is prohibited, unless specifically approved
in advance by the Architectural Review Board.
3.27 Solar Devices. The utilization of passive or active solar energy devices
is encouraged. However, all solar devices must either be architecturally and
aesthetically integrated into the structure they serve or be screened from the view of
the street and adjacent lots and streets. All solar devices, and their placement, must
be approved by the Architectural Review Board.
MORIAH ESTATES 39
3.28 Commencing and Finishing Construction. Construction of a residence
must commence on each lot within two (2)years after the closing of the purchase of
such lot from Developer. Once construction of any structure is commenced on any
lot, with the prior approval of the Architectural Review Board, such structure must
be diligently continued and completed in accordance with the plans and
specifications approved by the Architectural Review Board, within six months of
commencement, or such longer time as the Architectural Review Board has
reasonably consented to, in light of the nature of the project or other factors.
Commencement of construction shall be deemed to commence with the first
substantial construction activity(including earth work).
3.29 Rebuilding. Any structure which is destroyed in whole or in part by fire,
windstorm or from any other cause or act of God must be rebuilt, or all debris must
be removed and the lot restored to a sightly condition, within six months of the time
the damage occurs.
3.30 No Trucks or the Like. No trucks; trail bikes; recreational vehicles;
snowmobiles; campers; trailers; boats; boat trailers; vehicles other than passenger
vehicles or pickup or utility trucks with a capacity of one ton or less; shall be parked,
stored or otherwise kept on any lot or street within the Property, unless kept in a
closed garage. No skimobile, snowmobile, or other recreational vehicle powered by
an internal combustion engine my be operated within the Property except for
purposes of ingress and egress. The foregoing restrictions shall not be deemed to
prohibit commercial and construction vehicles from making deliveries or otherwise
providing services to the lots, in the ordinary course of their business.
3.31 Outside Lighting. No exterior lighting shall be installed or maintained
on any lot except as approved by the Architectural Review Board.
3.32 No Subdivision. No lot shall be subdivided or utilized for more than
one detached single family dwelling(with associated outbuildings and structures)
without the prior approval of the Architectural Review Board. Boundary
adjustments between neighboring lots shall be allowed, subject to the reasonable
approval of the Architectural Review Board so long as the total number of lots
within the Subdivision is not thereby increased.
3.33 Sales Offices, Management Offices, and Models. Developer reserves
the right to maintain sales offices, management offices, and models in the
Subdivision. Developer shall promptly remove every such sales or management
office from the Subdivision, at such time as Developer ceases to own any lots in the
Subdivision. Developer and residential builders to whom Developer has sold lots
may construct and maintain model residences within the Subdivision. Such model
residences shall not exceed five at any point in time, and no such model residence
shall exceed 10,000 square feet in finished space. Such sales offices, management
offices, and model residences may be located on any lot or lots within the
Subdivision, and their location may be changed from time to time to other lots
MORIAH ESTATES 40
99e664.
within the Subdivision. Developer may maintain advertising signs on the Common
Facilities within the Subdivision, subject to state laws and local ordinances.
3.34 Entranceways. The owner of each lot shall install a concrete, asphalt or
other hard surface driveway wherever vehicle traffic is allowed on such owner's lot.
3.35 Ditches. Developer shall install a system of carrier ditches such that all
commonly owned open space will have irrigation water available to them.
Let it be know that irrigation ditches that run through Moriah Estates, as well as
the water in them are privately owned. As such residents of Moriah Estates should
respect and preserve these water ways. The Challgren Lateral Ditch Company has
two ditches that run through the property known as Moriah Estates. Any
unauthorized removal of water from these ditches is a crime. Therefore Moriah
Estates Homeowners' Association agrees to pay a fine to the Challgren Lateral
Ditch Company of$50.00 (per incident) if any lot owner in Moriah Estates removes
water from the ditches for any use. Upon written notice from the Challgren Lateral
Ditch Company detailing the time and location of the unauthorized removal of
water, Moriah Estates Homeowners' Association shall promptly pay said fine to the
Challgren Lateral Ditch Company. Moriah Estates Homeowners' Association will
have the right to access the offending lot owner fines equal to that paid to the
Challgren Lateral Ditch Company and collect said fines as per section 6.11
assessments of these covenants.
ARTICLE IV - ARCHITECTURAL STANDARDS
4.1 Restrictions. No building, shed, storage structure, awning, fence or any
other structure shall be erected, placed or altered on any lot, nor shall there be any
external modifications to any such structure, until the plans and landscaping
specifications showing the nature, kind, shape, height, materials and location of the
same have been submitted to and approved in advance by the Architectural Review
Board in writing. No landscaping shall be installed on any lot, or altered thereafter,
unless a landscaping plan showing the nature, type, height, and location of the
proposed landscaping improvements has been submitted to and approved in advance
by the Architectural Review Board, in writing. Without limiting the generality of
the foregoing, prior approval of the Architectural Review Board must be obtained
for any of the following: (i) attachments to the exterior of a structure, (ii)
installation of greenhouses, (iii) installation of patio covers, landscaping, screening,
trellises and the like, (iv) change in exterior paint colors, (v) installation of any shed
or storage building and(vi) any other exterior change, including cosmetic changes
such as garage doors, shutters and the like. The authority of the Architectural
Review Board shall extend to the quality, workmanship and materials for any
structure proposed; conformity and harmony of exterior design and finish with
existing structures within the Subdivision; location of all structures with respect to
the existing building, topography and finished ground elevation; and all other
matters required to assure that such structures enhance the quality of the Subdivision
MORIAH ESTATES 41
15-^6
6D
and are erected in accordance with the plan for the Subdivision. No metal buildings
shall be permitted unless the Architectural Review Board approves.
4.2 Guidelines and Rules. The Architectural Review Board shall adopt
Guidelines and Rules governing the type of structures to be permitted in the
Subdivision, permitted construction materials and the like. These Guidelines and
Rules are made for the purpose of creating and keeping the Subdivision, so far as
possible, desirable, attractive, beneficial, uniform, and suitable in architectural
design, materials, and appearance; limiting the use of the lots to single family
residential buildings; guarding against unnecessary interference with the natural
beauty of the Subdivision; and prohibiting improper uses of adjoining properties in
the subdivision, all for the mutual benefits and protection of all owners.
4.3 Size.
4.4 Garage and Parking. Each residence shall include an attached garage
having space for not less than two automobiles. An additional garage may be
constructed if approved by the Architectural Review Board. Each lot must have
provisions for off-street parking for at least two automobiles, exclusive of garage
space, and said off-street parking shall be provided in such a manner as to not block
or impair garage access to and from the street.
4.5 Materials and Workmanship. All improvements shall be constructed of
good and suitable materials, and all workmanship shall result in first class
construction and shall be accomplished in a good and workmanlike manner. All
dwellings shall include cedar shake, tile, copper or other decorative roof, which shall
be subject to the approval of the Architectural Review Board.
4.6 Accessory Buildings. Garages, as well as small sheds for storage of
lawn furniture, yard equipment, gardening equipment, and similar type items, which
are well constructed and neat of appearance, shall be permitted, providing the size,
design, and location of said structure shall be subject to prior approval by the
Architectural Control Committee.
4.7 Setbacks. Each single family detached dwelling shall be located no
closer than 60 feet to the front of the lot; 60 feet to the back of the lot, and 30 feet to
the boundary of the nearest adjacent lot.
ARTICLE V- ARCHITECTURAL REVIEW BOARD
5.1 Establishment and Membership of Architectural Review Board. An
Architectural Review Board has been established by Developer. The Architectural
Review Board shall continue until such time as the Association may be dissolved.
The Architectural Review Board shall initially consist of three (3) members, being
James H. Scott, Jr., Cheri Scott, and W.V. Maddux. Until all lots within the
MORIAH ESTATES 42
Subdivision have been sold by the Developer, or December 31, 2010, whichever date
occurs first, the Developer shall appoint the Architectural Review Board, including
replacement members for any person who retires, resigns, or otherwise becomes
unavailable for service as a member or alternate member of the Architectural Review
Board. The Association shall name the members of the Architectural Review Board,
once the Developer's exclusive right to do so ceases.
Members of the Architectural Review Board appointed by Developer may be
removed at any time by Developer and shall serve until they resign or are removed
by Developer. Members of the Architectural Review Board appointed by the
Association may be removed at any time by the Association, and shall serve for such
terms as may be designated by the Association or until they resign or are removed by
the Association.
5.2 Professional Builder. The owner of each lot shall retain a qualified,
professional contractor to construct the residence and all significant improvements
on such owner's lot.
5.3 Address of Architectural Review Board. The address of the
Architectural Review Board shall be at the principle office of the Association.
5.4 Submission of Plans. Prior to commencement of work to accomplish
any proposed improvement to property, the person proposing to make such
improvement to property ("Applicant") shall submit to the Architectural Review
Board at its offices such descriptions, surveys, plot plans, drainage plans, elevation
drawings, landscaping plans, construction plans, specifications and samples of
materials and colors as the Architectural Review Board shall reasonably request
showing the nature, kind, shape, height, width, color, materials, and location of the
proposed improvement to the property. The Applicant shall be entitled to receive a
receipt for the same from the Architectural Review Board or its authorized agent.
The Architectural Review Board may require submission of additional plans,
specifications or other information prior to approving or disapproving the proposed
improvement to property. Until receipt by the Architectural Review Board of all
required materials in connection with the proposed improvement to property, the
Architectural Review Board may postpone review of any materials submitted for
approval.
5.5 Criteria for Approval. The Architectural Review Board shall approve
any proposed improvement to property only if it deems in its reasonable discretion
that the improvement to property in the location indicated will not be detrimental to
the appearance of the surrounding areas of the development as a whole; that the
appearance of the proposed improvement to property will be in harmony with the
surrounding areas of the development area; that the improvement to property will
not detract from the beauty, wholesomeness and attractiveness of the development
area or the enjoyment thereof by Owners; and that the upkeep and maintenance of
the proposed improvement to property will not become a burden on the Community
Association. The Architectural Review Board may condition its approval of any
MORIAH ESTATES 43
proposed improvement to property upon the making of such changes therein as the
Architectural Review Board may deem appropriate.
5.6 Architectural Review Board Guidelines or Rules. The Architectural
Review Board shall issue guidelines or rules relating to the procedures, materials to
be submitted and additional factors which will be taken into consideration in
connection with the approval of any proposed improvement to property.
5.7 Architectural Review Fees. The Architectural Review Board may, in its
guidelines or rules, provide for payment of fees to accompany each request for
approval of any proposed improvement to property. The Architectural Review
Board may provide that the amount of such fees shall be uniform for similar types of
any proposed improvement to property, or the fees may be determined in any other
reasonable manner, such as based upon the reasonable cost of the proposed
improvement to property.
5.8 Decision of Architectural Review Board. The decision of the
Architectural Review Board shall be made within thirty (30) days after receipt by the
Architectural Review Board of all materials required by the Architectural Review
Board. The decision shall be in writing and, if the decision is not to approve a
proposed improvement to property, the reason therefor shall be stated. The decision
of the Architectural Review Board shall be promptly transmitted to the Applicant at
the address furnished by the Applicant to the Architectural Review Board.
5.9 Failure of Architectural Review Board to Act on Plans. Any request
for approval of a proposed improvement to property shall be deemed approved as
proposed, unless disapproval or a request for additional information or materials is
transmitted to the applicant by the Architectural Review Board within thirty (30)
days after the date of receipt by the Architectural Review Board of all required
materials.
5.10 Notice of Completion. Promptly upon completion of the improvement
to property, the applicant shall give written notice of completion to the
Architectural Review Board and, for all purposes hereunder, the date of receipt of
such notice of completion by the Architectural Review Board shall be deemed to be
the date of completion of such improvement to property.
5.11 Inspection of Work. The Architectural Review Board or its duly
authorized representative shall have the right to inspect any improvement to
property prior to or after completion, provided that the right of inspection shall
terminate thirty (30) days after the Architectural Review Board shall have received a
notice of completion from the applicant.
5.12 Notice of Noncompliance. If, as a result of inspections or otherwise,
the Architectural Review Board finds that any improvement to property has been
done without obtaining the approval of the Architectural Review Board or was not
done in substantial compliance with the description and materials furnished by the
MORIAH ESTATES 44
99056,E
Applicant to the Architectural Review Board or was not completed within one year
after the date of approval by the Architectural Review Board, the Architectural
Review Board shall notify the applicant in writing of the noncompliance which
notice shall be given, in any event, within thirty (30) days after the Architectural
Review Board received a notice of completion from the applicant. The notice shall
specify the particulars of the noncompliance and shall require the applicant to take
such actions as may be necessary to remedy the noncompliance.
5.13 Failure of Architectural Review Board to Act After Completion. If,
for any reason other than the applicant's act or neglect, the Architectural Review
Board fails to notify the applicant of any noncompliance within thirty (30) days after
receipt by the Architectural Review Board of written notice of completion from the
applicant, the improvement to property shall be deemed in compliance if the
improvement to property was, in fact, completed as of the date of notice of
completion.
5.14 Correction of Noncompliance. If the Architectural Review Board
determines that a noncompliance exists, the applicant shall remedy or remove the
same within a period of not more than forty-five (45) days from the date of receipt by
the applicant of the ruling of the Architectural Review Board. If the applicant does
not comply with the Architectural Review Board's ruling within such period, the
matter may be referred to the Association, and the Association may, in its discretion,
record a notice of noncompliance against the real property on which the
noncompliance exists, may institute judicial proceedings to allow it to remove the
noncomplying improvement, or may otherwise remedy the noncompliance, and the
applicant shall reimburse the Association, upon demand, for all expenses incurred
therewith. If such expenses are not promptly repaid by the applicant or owner to the
Association, the Association may levy a reimbursement assessment against the
owner for such costs and expenses. The right of the Association to remedy or
remove any noncompliance shall be in addition t:o all other rights and remedies
which the Association may have at law, in equity, or under this Declaration.
5.15 No Implied Waiver or Estoppel. No action or failure to act by the
Architectural Review Board or by the Association shall constitute a waiver or
estoppel with respect to future action by the Architectural Review Board or the
Association with respect to any improvement to property. Specifically, the approval
by the Architectural Review Board of any improvement to property shall not
constitute approval of, or obligate the Architectural Review Board to approve, any
similar proposals, plans, specifications or other materials submitted with respect to
any other proposed improvement.
5.16 Architectural Review Board Power to Grant Variances. The
Architectural Review Board may authorize variances from compliance with any of
the provisions of this Declaration or any Supplemental Declaration, including
restrictions upon height, size, floor area or placement of structures or similar
restrictions, when circumstances such as topography, natural obstructions, hardship,
aesthetic or environmental considerations may require. Such variances must be
MORIAH ESTATES 45
evidenced in writing and shall become effective when signed by at least a majority of
the members of the Architectural Review Board. If any such variance is granted, no
violation of the provisions of this Declaration or any Supplemental declaration shall
be deemed to have occurred with respect to the matter for which the variance was
granted; provided, however, that the granting of a variance shall not operate to
waive any of the provisions of this Declaration or any Supplemental Declaration for
any purpose except as to the particular property and particular provision hereof
covered by the variance, nor shall the granting of a variance affect in any way the
owner's obligation to comply with all governmental laws and regulations, affecting
the Property concerned, including, but not limited to, zoning ordinances and setback
lines or requirements imposed by any governmental authority having jurisdiction.
5.17 Compensation of Members. Members of the Architectural Review
Board shall receive no compensation for services rendered, except for its professional
members, who shall be reasonably compensated for their services. All members
shall receive reimbursement of out of pocket expenses incurred by them in the
performance of their duties hereunder.
5.18 Meetings of Architectural Review Board. The Architectural Review
Board shall meet from time to time as necessary to perform its duties hereunder.
The Architectural Review Board may, from time to time, by resolution in writing
adopted by a majority of the members, designate a Architectural Review Board
Representative (who may, but need not,be one of its members) to take any action or
perform any duties for or on behalf of the Architectural Review Board, except
granting of approval to any improvement to property and granting of variances. The
action of such Architectural Review Board Representative within the authority of
such Architectural Review Board Representative or the written consent or the vote
of a majority of the members of the Architectural Review Board shall constitute
action of the Architectural Review Board.
5.19 Records of Action. The Architectural Review Board shall report in
writing to the Association's Board of Directors all final actions of the Architectural
Review Board and the Architectural Review Board shall keep permanent record of
such reported actions.
5.20 Estoppel Certificates. The Association shall , upon the reasonable
request of any interested party and after confirming any necessary facts with the
Architectural Review Board, furnish a certificate with respect to the approval or
disapproval of any improvement to property or with respect to whether any
improvement to property was made in compliance herewith. Any person without
actual notice to the contrary shall be entitled to rely on said certificate with respect to
all matters set forth therein.
5.21 Nonliability for Architectural Review Board Action. None of the
Architectural Review Board , any member of the Architectural Review Board , any
Architectural Review Board Representative, the Association , any member of the
Association's Board of Directors or Developer shall be liable for any loss, damage or
MORIAH ESTATES 46
injury arising out of or in any way connected with the performance of the duties of
the Architectural Review Board unless due to the willful misconduct or bad faith of
the party to be held liable. In reviewing any matter, the Architectural Review Board
shall not be responsible for reviewing, nor shall its approval of, and improvement to
property be deemed approved of the improvement to property from the standpoint of
safety, whether structural or otherwise, or conformance with building codes or other
governmental laws or regulations.
ARTICLE VI - THE ASSOCIATION
6.1 Articles of Incorporation and Bylaws. The interest of all lot owners
shall be governed and administered by the Articles of Incorporation and Bylaws of
the Moriah Estates P.U.D. Community Association and by this Declaration. In the
event of a conflict between the provisions of this Declaration and the Articles of
Incorporation or the Bylaws of the Association, the terms of this Declaration shall be
controlling.
6.3 Examination of Books by First Mortgage. The holder of any recorded
first mortgage or deed of trust on a lot in the Subdivision will, upon request, be
entitled to:
(a) inspect the books and records of the Association during normal
business hours; and
(b) receive an annual financial statement of the Association within
ninety (90) days following the end of each fiscal year of the Association; and
(c) written notice of all meetings of the Association and shall be
permitted to designate a representative to attend all such meetings.
6.4 Powers. The Association shall be granted all of the powers necessary to
govern, manage, maintain, repair, administer and regulate the Common Facilities
and to perform all of the duties required of it. Notwithstanding the above, unless at
least seventy-five percent(75%) of the first mortgagees of lots (based upon one vote
for each first mortgage owned or held) have given their prior, written approval, the
Association shall not be empowered or entitled to:
(a) by act or omission, seek to abandon or terminate the Declaration.
(b) by act or omission, seek to abandon, partition, subdivide,
encumber, sell or transfer the Common Facilities.
(c) use hazard insurance proceeds for loss to the Common Facilities
improvements for other than repair, replacement or reconstruction of such
improvements.
MORIAH ESTATES 47
990-5 F
6.6 Common Facilities Additions, Alterations, or Improvements -
Limitations. There shall be no additions, alterations, or improvements of or to the
Common Facilities by the Association requiring an assessment in excess of One
Hundred Dollars ($100) per lot in any one calendar year without the prior, written
approval of a majority of the members of the Association voting in accordance with
the quorum and voting provisions of the Bylaws of the Association, at a special or
regular meeting of the Association members. Such expenditure(s) shall be a
common expense. PROVIDED, HOWEVER, that expenditures relative to the
irrigation system shall not be included in determining such limitations on
assessments.
6.7 Formula for Determining Assessments. Declarant shall pay all.
common expenses through December 31, 1999. Commencing for calendar year
2000 and subsequent years, assessments shall be made no less frequently than
annually and shall be based upon a budget adopted no less frequently than annually
by the Association. Except for expenses relating to the irrigation system, which shall
be allocated as set forth in Section 6.5, above, the assessments shall be apportioned
equally among all lots within the Subdivision. The owners of each lot on which a
Certificate of Occupancy has been issued for a residence by October 1 of such
preceding year shall pay assessments that are double the assessments for lots on
which no such completed residence exists as of said date. If an annual assessment is
not made as required, an assessment shall be presumed to have been made in the
amount of the last prior assessment.
6.8 Based Upon Budget. Assessments shall be based upon the budget which
shall be established by the Board of Directors at least annually, which budget shall
be based upon the cash requirements deemed to be such aggregate sum as the Board
of Directors of the Association shall from time to time determine is to be paid by all
of the lot owners to provide for the payment of all expenses growing out of or
connected with the maintenance, repair, operation, additions, alterations and
improvements of and to the Common Facilities, which sum may include, but not be
limited to, expenses of management; taxes and special assessments unless separately
assessed; premiums for insurance, landscaping and care of grounds; common
lighting and heating; repairs and renovations; wages; common water and sewer
charges; legal and accounting fees; management fees; expenses and liabilities
incurred by the Association or any of its agents or employees on behalf of the lot
owners under or by reason of this Declaration and the Articles of Incorporation and
Bylaws of the Association; for any deficit remaining from a previous period; for the
creation of reasonable contingency reserve, working capital and sinking funds as
well as other costs and expenses relating to the Common Facilities; and for
maintaining a reserve fund for replacement of Common Facilities, which shall be
funded by regular monthly payments rather than special assessments. The
Association shall comply with the requirements of Section 38-33.3-303(4) of the
Colorado Common Interest Ownership Act, relative to the proposal and adoption of
such budget.
MORIAH ESTATES 48
'99OSiCeS
6.9 Assessments For Other Charges. The Association shall have the right
to charge lot owners for special services provided by the Association to such owner
including, but not limited to, those matters set forth in Section 3.4, 3.5, and 3.6 of
this Declaration. That is, such services shall be deemed to have been provided for
the exclusive benefit of such lot owners under Section 38-33.3-315(3)(b) of the Act.
The Association shall also have the right to charge a lot owner for any common
expense caused by the misconduct of such lot owner, in which event such expense
may be assessed exclusively against such owner. The Association shall have the
right to impose a lien for any such special service charges or charges due to
misconduct that are not paid when due; said lien shall include court costs and
reasonable attorney's fees incurred by the Association in collecting said charges.
6.10 No Other Common Facility Liens. No additional liens, other than
mechanics liens, assessment liens or tax liens, may be obtained against the Common
Facilities, and no other assessments, debts or other obligations are assumed by lot
owners, other than as set forth herein.
6.11 Assessments. The amount of the common expenses and special services
and misconduct charges assessed against each lot shall be the personal and
individual debt of the owner thereof. No owner may exempt himself from liability
for contribution towards the common expenses by waiver of the use or enjoyment of
any of the Common Facilities or by abandonment of his lot. An owner's loss of a lot
by foreclosure or by proceedings in lieu of foreclosure shall not cancel or terminate
such owner's liability for assessments and changes accrued prior to the date hereof.
The Association shall have the authority to take prompt action to collect any unpaid
assessment or special service charge which remains unpaid for more than thirty (30)
days from the due date for payment thereof In the event of default in the payment
of a special service charge or assessment, the lot owner shall be obligated to pay
interest at the rate of eighteen percent (18%)per annum on the amount of the
assessment from due date thereof, together with all expenses, including attorney's
fees, incurred together with such late charges as are provided by the Bylaws or Rules
of the Association. Suit to recover a money judgment for unpaid special service
charges or assessments shall be maintainable without foreclosing the lien described
in Section 6.13 below and such suit shall not be or construed to be a waiver of lien.
6.12 Notice of Lien. All sums assessed but unpaid for the share of common
expenses chargeable to any lot and all sums for special services provided by the
Association and charges due to misconduct that are not paid when due shall
constitute the basis for a lien on such lot superior to all other liens and
encumbrances, except only for tax and special assessment liens on the lot in favor of
any governmental assessing entity, and all sums unpaid on a first mortgage or first
deed of trust of record, including all unpaid obligatory sums as may be provided by
such encumbrances. To evidence such lien, the Association shall prepare a written
notice of lien assessment setting forth the amount:of such unpaid indebtedness, the
amount of the accrued interest and late charges thereon, the name of the owner of
the lot and a description of the lot. Such notice of lien shall be signed by one of the
officers of the Association on behalf of the Association and shall be recorded in the
MORIAH ESTATES 49
090508
office of the County Clerk and Recorder of Weld County, Colorado. Such lien shall
attach and be effective from the due date of the assessment until all sums, with
interest and other charges thereon, shall have been paid in full.
6.13 Enforcement of Lien. Such lien may be enforced by the foreclosure of
the defaulting owner's lot by the Association in like manner as a mortgage on real
property upon the recording of the above notice of lien. In any such proceedings,
the owner shall be required to pay the costs, expenses and attorney's fees incurred
for filing the lien, and in the event of foreclosure proceedings, all additional costs, all
expenses and reasonably attorney's fees incurred. The owner of the lot being
foreclosed shall be required to pay to the Association any assessment or special
service charge whose payment becomes due for the lot during the period of
foreclosure, and the Association shall be entitled to a receiver during foreclosure.
The Association shall have the power to bid on the lot at foreclosure or other legal
sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey
or otherwise deal with the same upon acquiring title to such lot.
6.14 Report of Default. The Association, upon request, shall report in
writing to a first mortgagee of a lot any default in the performance by any lot
mortgagor of any obligation under the Declaration which is not cured within sixty
(60) days.
6.15 Release of Lien. The recorded lien may be released by recording a
Release of Lien signed by an officer of the Association on behalf of the Association.
6.16 Lien Subordinate to First Mortgage - Limitations. The lien for special
service charges and assessments provided for herein shall be subordinate to the lien
of any first mortgage or deed of trust now hereafter placed upon the lot subject to
assessment; PROVIDED, HOWEVER, that such subordination shall apply only to
the assessments which have become due and payable prior to a sale or transfer of
such lot pursuant to a decree of foreclosure, or any other proceeding in lieu of
foreclosure. Such sale or transfer shall cause such lot and grantee thereunder to be
relieved of liability for such prior assessments but shall not relieve such lot or grantee
from liability from any assessments thereafter becoming due, nor from the lien of
any such subsequent assessment.
6.17 First Mortgage Foreclosure. Notwithstanding any of the terms or
provisions of this Declaration, in the event of any default on the part of an owner
under any first mortgage or first deed of trust which entitles the holder thereof to
foreclose the same, any sale under such foreclosure, including the delivery of'a deed
in lieu to such first mortgagee, shall be made free and clear of all then due and
owing assessments. No first mortgagee shall be liable for any unpaid common
expense assessments accruing prior to the time such mortgagee receives a deed to a
lot.
MORIAH ESTATES 50
6.18 Joint Liability Upon Transfer. Upon payment to the Association of
reasonable fee not to exceed Twenty-five Dollars ($25), and upon the written request
of any owner or any mortgagee or prospective owner of a lot, the Association shall
issue a written statement setting forth the amount of the unpaid common expenses,
if any, with respect to the subject lot, the amount of the current monthly assessment
and the date that such assessments becomes due, credit for any advanced payments
of common assessments, for prepaid items, such as prepaid items, such as insurance
premiums, but not including accumulated amounts for reserves or sinking funds, if
any, which statements shall be conclusive upon the Association in favor of all
persons who rely thereon in good faith. Unless such request for a statement of
indebtedness shall be complied with within twenty(20) days, all unpaid common
expenses which become due prior to the date of making such requests shall be
subordinate to the rights of the person requesting such statement and in the case of a
grantee of such lot, the grantee shall not be liable for, nor shall the lot conveyed be
subject to a lien for any unpaid assessments against said lot. The provisions set forth
in this Section 6.18 shall not apply to the initial sales and conveyances of the lots
made by Declarant, and such sales shall be free from all common expenses to the
date of conveyance.
6.19 Mortgages - Priority. Each owner shall have the right from time to time
to mortgage or encumber his interest by deed of trust, mortgage or other security
instrument. A first mortgage shall be one which has first and paramount priority
under applicable law. The owner of a lot may create junior mortgages, liens or
encumbrances on the following conditions: (1) that any such junior mortgages shall
always be subordinate to all of the terms, conditions, covenants, restrictions, uses,
limitations, obligations, lien for unpaid assessments, and other obligations created by
this Declaration, the Articles of Incorporation and the Bylaws of the Association; (2)
that the mortgagee under any junior mortgage shall release, for the purpose of
restoration of any improvements upon the mortgages premises, all his right, title and
interest in and to the proceeds under all insurable policies upon said premises held
by the Association. Such release shall be furnished forthwith by a junior mortgagee
upon written request of the Association, and if such request is not granted, such
release may be executed by the Association as an attorney-in-fact for such junior
mortgage.
6.20 Professional Management. Professional management is anticipated for
the project, and any agreement which may be entered into with regard to
professional management or any other contract for providing of services by
Declarant or Developer shall be for a term of not more than one (1)year and shall
be terminable on thirty (30) days' written notice, without cause and without payment
of a termination fee.
MORIAH ESTATES 51
WU567
ARTICLE VII- GENERAL PROVISIONS
7.1 Duration. Subject to the provisions of Section 7.3 of this Article, this
Declaration shall remain in full force and effect, shall run with the land and shall be
binding on all persons having any interest in any lot in the Subdivision for a period
of twenty(20)years from the date this Declaration is recorded and thereafter shall be
automatically extended for successive periods of ten(10) years unless an instrument
signed by a majority of the then-owners of lots in the Subdivision has been recorded
agreeing to change or terminate the Declaration in whole or in part.
7.2 Amendments. This Declaration, or any portion thereof, may be
amended or revoked at any time by an instrument in writing signed by the owners of
at least seventy-five percent(75%) of the lots in the Subdivision and one hundred
percent (100%) of the holders of recorded first mortgages or deeds of trust. Any
amendment shall be effective only upon the recordation of the written amendment
or ratification thereof containing the necessary signatures of lot owners and
encumbrance holders. No amendment to this Declaration may be made which
conflicts with any of the laws of the State of Colorado, or ordinances of the City of
Fort Collins. No amendment shall affect any rights of Declarant unless approved in
advance by and consented to by Declarant in writing.
7.3 Severability. Any provisions of this Declaration invalidated in any
manner whatsoever shall not be deemed to impair or affect in any manner the
validity, enforcement or effect of the remainder of this Declaration and, in such
event, all of the other provisions of this Declaration shall continue in full force and
effect as if such invalid provisions had never been included herein.
7.4 Disclaimer. No claim or cause of action shall accrue in favor of any
person in the event of the invalidity of any covenant or provision of this Declaration
or for the failure of the Architectural Review Board or Declarant to enforce any
covenant or provision hereof. This Section 7.4 may be pleaded as a full bar to the
maintenance of any such action or arbitration brought in violation of the provisions
of this Article.
7.5 Waiver. No provisions contained in this Declaration shall be deemed to
have abrogated or waived by reason of any failure to enforce the same, regardless of
the number of violations or breaches which may occur.
7.6 Captions. The captions herein are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the scope of
this Declaration nor the intent of and provision hereof.
7.7 Construction. The use of the masculine gender in this Declaration shall
be deemed to include the feminine and neuter genders, and the use of the singular
shall be deemed to refer to the plural, and vice versa, when the context so requires.
MORIAH ESTATES 52
efiosoi
7.8 Notices. Notices required or permitted by this Declaration shall be made
in writing. Notice to a member of this Association shall be sufficient if sent by
United States mail, sufficient postage prepaid, to the latest address given by such
member to the Secretary of the Association. In such event, notice shall be deemed
effective three(3) days after such deposit into the United States mail. Notices may
also be given by certified or registered mail, or by hand delivery. If hand delivered,
notice shall be effective on the date that delivery is accomplished. If sent by
registered or certified mail, notice shall be deemed effective three(3) days after
deposit into the United States mail, sufficient postage prepaid.
IN WITNESS WHEREOF, the undersigned being Owners (or Mortgagees)
of lots in Moriah Estates P.U.D. have executed this Declaration the date and year
indicated below.
SHILOH, INC., a Wyoming
Corporation
BY:
Date James H. Scott, Jr.,
Vice-president
ATTEST:
Date Cheri Scott, Assistant
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing Declaration of Covenants, Conditions and Restrictions for
Moriah Estates P.U.D. was acknowledged before me this day of December,
1998, by James H. Scott, Jr., Vice-president, and Cheri Scott, Assistant Secretary of
Shiloh, Inc., a Wyoming Corporation, the owner of the real property subject to said
Declaration.
Witness my hand and official seal.
My commission expires:
Notary Public
MORIAH ESTATES 53
99v6
EXHIBIT A
TO
DECLARATION FO COVENANTS,
CONDISTIONS AND RESTRICTIONS
FOR
MORIAH ESTATES P.U.D.
A tract of land located in the Southwest Quarter of Section 4, Township 6 North,
Range 67 West of the 6th P.M., County of Weld, being more particularly described
as follows:
Beginning at the Southeast corner of said Southwest Quarter and considering the
South line of said Southwest Quarter to bear North 89*08'00" West and with all
other bearings contained herein relative thereto:
Thence North 89*08'00" West 2177.26 feet along said South line; thence North
00*52'00" East 30.00 feet to the North right of way line of Weld County Road 72;
thence along the Westerly bank of the Windsor Reservoir Outlet Ditch by the
following Eleven (11) courses;
1) North 60*15'45" East 162.93 feet;
2) North 63*54'11" East 156.64 feet;
3) North 58*02'44" East 94.10 feet;
4) North 35*47'42" East 360.34 feet;
5) North 31*15'14" East 743.10 feet;
6) North 26*17'33" East 159.64 feet;
7) North 33*16'03" East 378.02 feet;
8) North 40*44'52" East 498.73 feet;
9) North 53*25'42" East 500.37 feet;
10) North 38*12'12" East 137.65 feet;
11) North 09*21'51" East 142.56 feet to the North line of the Southwest
Quarter of said Section 4; thence South 88*57'05" East 90.13 feet along said North
line to the Center of said Section 4; thence South 00*19'11" East 2572.37 feet along
the East line of said Southwest Quarter to the Point of the Beginning. Containing
64.91 acres, more or less, and s subject to all existing easements and/or rights of way
to record.
* - is the same as degree
MORIAH ESTATES 54
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